How Can There Be Price Tag On Sufferings Of Rape Survivor: Delhi High Court

The Delhi High Court has held that the maximum compensation of Rs 7 lakh laid down under the law for rape victims is to be considered as minimum base while adjudicating the issue about survivors of child sexual abuse, while asking how there can there be price tag on the suffering of the survivor. 

The high court, which said that no amount of compensation can undo the trauma of the survivor, observed that pecuniary compensation can be of assistance in the rehabilitation of the survivor.

Justice Jasmeet Singh directed that the authorities have to disburse 25 per cent of the maximum amount as the interim compensation within 60 days of filing of the charge sheet against the accused and the special court, holding the trial in the case, shall adjudicate the compensatory proceedings, form a preliminary opinion and grant an interim compensation with the primary objective to rehabilitate.

"It (special court) shall award 25 per cent of the maximum compensation as interim compensation. It can even exceed 25 per cent of the maximum compensation as interim compensation after giving reasons. The interim compensation awarded by the special court and Delhi State Legal Services Authority (DSLSA)/ District Legal Services Authority (DLSA) shall be adjusted from the final compensation," the high court said.

The court, which noted that the Delhi Victims Compensation Scheme provides for a maximum and minimum compensation amount, however, said that the statues or scheme should not decide the maximum.

"The court has the power to scale up and scale down. To scale down these provisions would mean injustice to the survivors who have suffered. These are the situations which require scaling up. For instance, the compensation for rape in the schedule has been provided as 7 lakh maximum.

"In view of the aforesaid discussion, I am of the view that purposive interpretation and beneficial legislation requires the said sum of Rs 7 lakh to be considered as a minimum base while adjudicating compensation in POCSO cases. Hence for POCSO survivors of 'rape', it should be 7 +3.5=10.5 lakh (50 per cent of 7 lakh being added in POCSO cases as per DVC scheme). The final compensation shall not be less than 10.5. lakh," it said.

It further said since sexual violence derails the life of the survivor, it is important that the compensation must aid in getting her life back on track and adequate assistance to her can go a long way in socially and psychologically empowering her.

"The compensation scheme states the maximum limit. In any beneficial scheme/ legislation, there cannot be a concept of maximum. How can there be price tag on the suffering of the survivor? No amount of compensation can undo the trauma... However, pecuniary compensation can be of assistance in the rehabilitation of the survivor," the court said.

It said that in any other accident, the victim is not targeted with intention to violate the survivor or preyed upon as for instance in motor vehicle accident, the injury is due to an accident and to recover, it does not require psychological healing.

"However, in cases of sexual assault there is deliberate targeting and dehumanisation and reduction of the victim to an object. Hence, the state must enlarge maximum benefit to the survivor of the sexual assault," the court said.

The high court said whether the accused is guilty or not is not relevant or to be considered in awarding interim compensation since the focus should be on the survivor.

The directions came while dealing with an appeal by mother of a child sexual abuse survivor who was seven years old at the time of incident in December 2014.

The special court had convicted the man for the offence of aggravated penetrative sexual assault under the POCSO Act and wrongful confinement under the IPC and had awarded a compensation of Rs 50,000 to the child.

The high court said in the case, the child has to be rehabilitated and that she was in a need of maximum compensation and directed the authorities to pay Rs 10 lakh compensation to her within four weeks and noted that besides this, she has been paid Rs 50,000.

It also referred to a 2019 study by the Supreme Court registrar in which it was found that in 99 per cent of survivors do not receive interim compensation which means not only have they undergone trauma of the incident but also have to deal with the fall out of the incident.

"To that end, DSLSA will file quarterly report on the cases wherein interim and final compensation has been granted and the time taken by DSLSA to disburse the said amount. The special courts should also file yearly report on the number of number of cases interim compensation and final compensation granted. The reports shall be filed with Registrar General, Delhi High Court for monitoring purposes," it said.

The high court also said whether the accused is guilty or not is not relevant or to be considered in awarding interim compensation and the focus is on the survivor.

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